Proceedings Of The Marine

SPR 2012

Proceedings magazine is a communication tool for the Coast Guard's Marine Safety & Security Council. Each quarterly magazine focuses on a specific theme of interest to the marine industry.

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sea, there may be some advantages to establishing a specialized piracy chamber or court in the region, operating under the national system of the state in which it sits. For example, the Republic of Seychelles, which has prosecuted more than 60 suspected pirates to date, has volunteered to be a "regional prosecution center" on the condition that convicted pirates could then be transferred back to Somalia to serve their sentences, highlighting in concrete terms why prison capacity and a functioning prisoner transfer frame- work are so important.3 Such a specialized court or chamber could help to address many of the challenges that the international community faces by providing a reliable venue in the region where naval forces could transfer cases with relative logistical ease. Such a chamber or court could also provide a focal point for international assistance. Fourth, the international community should focus more strategic attention on going after the leaders, RUJDQL]HUV DQG ÀQDQFLHUV RI SLUDF\ RSHUDWLRQV 2YHU the past few years, it has become evident that Somali piracy functions as an increasingly organized crimi- nal network. To accomplish this, the international FRPPXQLW\ PXVW GHGLFDWH VXIÀFLHQW ODZ HQIRUFH- ment resources to tracking and locating the shore- EDVHG PDVWHUPLQGV $V SLUDWH OHDGHUV DUH LGHQWLÀHG the international community must encourage local authorities to apprehend and prosecute these sus- pects and/or turn them over to other interested states for prosecution. Finally, the international community (including the SULYDWH VKLSSLQJ LQGXVWU\ PXVW FRPPLW VXIÀFLHQW ÀQDQFLDO UHVRXUFHV WR IXQG WKHVH HIIRUWV 7KH &*3&6 established the Trust Fund to Support Initiatives of States Countering Piracy off the Coast of Somalia to help defray the expenses associated with the pros- ecution and incarceration of pirates, and to support other initiatives of the CGPCS. As such, the fund can accept contributions from states and from the mari- time industry. What Lies Ahead Piracy off the coast of Somalia is a phenomenon that will likely persist until some measure of governance and stability is achieved in that region, and there are tremendous parallel efforts underway to address that larger issue. From a legal perspective, the challenge RI SURVHFXWLQJ VXVSHFWHG SLUDWHV EHQHÀWV IURP UREXVW and well-established international law on the subject. The key to success: States must implement this inter- national legal framework, which will require sus- tained dedication of political will. About the author: 0V -HQQLIHU /DQGVLGOH LV DQ DWWRUQH\ DGYLVHU LQ WKH 2IÀFH RI WKH Legal Adviser for the U.S. Department of State. Her portfolio at the time of authorship addressed a range of international law enforcement issues, including legal issues related to Somali piracy. She received her law degree from the University of California-Berkeley School of Law in 2006. This essay will also be published in a forthcoming issue of the Case Western Reserve Journal of International Law. The views expressed in this article do not necessarily represent the views of the Department of State or the U.S. government. Endnotes: 1. "Countering Piracy off the Horn of Africa: Partnership and Action Plan," The United States of America National Security Council, December 2008. 2. 7KH GHÀQLWLRQ LV DV IROORZV ´3LUDF\ FRQVLVWV RI DQ\ RI WKH IROORZLQJ DFWV (1) Any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: (a) On the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; (b) Against a ship, aircraft, persons or property in a place outside the jurisdiction of any State; (2) Any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft; (3) Any act of inciting or of intentionally facilitat- ing an act described in subparagraph 1 or subparagraph 2 of this article." 3. "Piracy off the Horn of Africa," Congressional Research Service, April 2011. 68 Proceedings Spring 2012 www.uscg.mil/proceedings

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